The United States Court of Appeals for the Fourth Circuit affirmed a district court dismissal for lack of subject matter jurisdiction. The court found the plaintiff raised no federal question and that diversity jurisdiction was absent because both parties were Virginia citizens.
D. Miranda Burroughs appealed a district court order that granted her application to proceed in forma pauperis but dismissed her action for lack of subject matter jurisdiction. The underlying case was filed in the United States District Court for the Eastern District of Virginia.
The court’s reasoning
The appellate court reviewed the complaint and concluded that the plaintiff raised no federal question. Additionally, the court noted that both the plaintiff and the defendant were citizens of Virginia, meaning the requirements for diversity jurisdiction under Section twenty-eight United States Code Sections one three three one through one three three two were not met.
What it means going forward
The dismissal stands, preventing the case from proceeding in federal court due to the absence of federal question or diversity jurisdiction.
